So as the title says does anyone know if same sex couples can have a child by using a surrogate or through artifical insemination to have one themselves.
Ive read my textbook but it isnt specifically clear on the issue.
Thanks
Hi!
Same sex couples can have a child through IVF treatment. The ASRM in 2009 concluded that there was no evidence to suggest children are not 'worse-off' due to the IVF recipient being single, unmarried or homosexual.
You may like to review a short case,
McBain v Victoria which deals with a similar sought of issue. In Victoria it used to be that only women within a married relationship could recieve IVF treatment under the
Infertility Treatment Act 1995 (Vic), however it was ruled that this conflicted with the
Sex Discrimination Act 1984 (Cth) which stated something along the lines that no one is to be discriminated against regardless of their ethnicity, gender or sexual preference. As a result (with with reference to s 109 of the Constitution) the state law became invalid.
It is certainly a touchy issue within the community, even in the 21st century. Since this time there has been an attempt by parliament to amend the
Sex Discrimination Act 1984 so that IVF is restricted to certain people.
Hope this helps... if not, feel free to PM